Department’s power upheld by court

THE Supreme Court has upheld the power of Department of Education appeals committee to fully hear cases in which children are refused enrolment by a school.

The unanimous judgment by the court is significant as it is the first time such powers bestowed by the 1998 Education Act have been tested at such a high level. More than 40% of the 1,256 appeals heard under section 29 of the act between 2001 and the end of last year, against school decisions to expel, suspend or refuse enrol students, have been successful.

The case arose after the parents of two children who were refused enrolment in February 2008 by St Molaga’s National School in Balbriggan, Co Dublin, took a section 29 appeal. The appeals committee appointed by the department ruled the school should accept the children who were aged nine and 10 at the time.